TOWN OF FARMINGTON
PLANNING BOARD MEETING MINUTES
WEDNESDAY - JUNE 6, 2007
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Paul Parker, David Kestner, Don MacVane,
Jim Horgan and Alternate Cindy Snowdon.
Absent: David Meehan - Alternate - without notification
Hiram Watson - with notification
Gerry Gibson - with notification
Selectmen's Rep: Joan Funk
Public Present: Victor LaPierre, Christopher Berry, Stamatia Miminas, David Barnard,
Phil Hunter, Randy Orvis, John Huckins, John Adams, Darcy Adams, Ron Muse,
Pearle Leduc, Victor Porter, Richard Howard and Lou Scacinski.
Chairman Charlie King called the meeting to order at 6:02pm.
Don MacVane informed the Board that Joan Funk will be unable to attend these meetings through August. Joan will ask the Selectmen to cover her seat in her absence.
Charlie King sat Cindy Snowdon for Hiram Watson.
New Business:
Other:
Chairman King informed the board that John Huckins requested a few moments of the Board's time. Mr. Huckins explained that under RSA 674:41 the Selectmen need a recommendation from the Planning Board regarding a building permit for John and Darcy Adams. This permit would be for a lot that was previously subdivided in December 2005 under the Shultz’s.
David Kestner commented that he remembered the Shultz gave an easement for a 30-foot wide right a way and it is on file. Charlie questioned if an easement is recorded in the deed of Judith Drew. John Adams responded yes.
Charlie stated in order to get the building permit Mr. and Mrs. Adams would need to sign a waiver of liability, have a maintenance plan in place for the road and update the road conditions to meet the standard. Mr. Huckins stated that the Adam's already signed a waiver of liability and they are waiting for Joel Moulton to check the road and report back to the Planning Board with any suggestions/ comments.
Randy Orvis added that the Town has an interest in the driveway also because they have an easement there to get to their conservation parcel.
Don MacVane motioned to forward a recommendation to grant the building permit with the conditions that the right of-way is brought up to standards in accordance with Joel Moulton's recommendations in conjunction with the Road and Driveway Standards, a waiver of liability is signed, and the Town is furnished with a copy of the deeded easement, seconded by Jim Horgan. Motion carried.
Application for a Lot Line Revision; By Victor LaPierre (Tax Map R19, Lot #4); Located on Chestnut Hill Road; in the (RR) Rural Residential Zoning District; Parcel is 15.37 acre; Presented by Orvis/Drew, LLC.
Joan Funk excused herself from the application because she is an abutter.
Randy Orvis explained that in the 1980's Victor LaPierre owned the trailer park on Lot #6 and at that time the park had its own well and septic. Now the park has been sold and is on Town water and sewer. Mr. LaPierre is requesting this Lot Line Revision to make his lot (Lot #4) increase in size from 15.37acres to 15.59acres.
Charlie King asked if the Pump House on Lot #6 serves any purpose and if it is contaminated. Mr. LaPierre stated there is nothing wrong with the well or pump house it just hasn't been used in 12-15 years. Charlie explained that the applicant would need to request a waiver from Article 2.18 of the Zoning Ordinance, Section A-2 because the additional parcel is under 10,000 square feet, does not make either lot non-conforming or unavailable for sub-division. Don MacVane motioned to grant the waiver request from Article 2.18 of the Zoning Ordinance, section A-2 contingent upon the applicant filing the written request, David Kestner seconded. Motion carried.
Abutter, Pearle Leduc, questioned how this would affect him on Principal Lane. Charlie explained exactly what was happening and Mr. Leduc was satisfied that he would be okay with this revision.
Don MacVane motioned to grant the request by Victor LaPierre for a lot line revision on Tax Map R19, Lot #4, located on Chestnut Hill Road in the Rural Residential Zoning District contingent upon the Planning Board receiving the written waiver request from Article 2.18 of the Zoning Ordinance, section A-2 and the gross acreage of the lots being documented, David Kestner seconded. Discussion followed by an abutter, Ron Muse who wanted to know how this would affect his property. Mr. Muse was informed of the project and satisfied that it was okay. Motion carried.
Application for Lot Line Revision: By Snyder Builders, LLC (Tax Map R58, Lot #4 and R57, Lot #12); Located on Hornetown Road; in the (AR) Agricultural Residential Zoning District; Parcel is 2.83 acre; transfer of 1.69 acres from John Cardinal; Presented by Berry Surveying & Engineering.
Joan Funk was reseated and Don MacVane recused himself from the application.
Christopher Berry of Berry Surveying & Engineering informed the Board that this proposal is to equally "swap" 1.69 acres between John Cardinal and Mr. Snyder. Julie LaBranche, left a memo questioning if copies of the site plan depicting the wetland delineation (which have been reviewed by the wetland scientist) are individually stamped and signed and if those plans document that Lot 12 will contain a minimum of 40,000 square feet of contiguous uplands. Mr. Berry responded that the plans were not stamped only because the scientist did not have his stamp with him but he can certainly get it plus there is definitely at least 40,000 square feet of contiguous uplands.
Paul Parker questioned if the home is the only existing structure and Mr. Berry replied yes. David Kestner asked him to clarify the "will have" statement on Note 12 of the site plan.
Victor Porter of 331 Hornetown Road, abutter asked how this pertains to him and the board explained the proposal. Mr. Porter was satisfied that the project would not concern his property and he was okay with it.
Mr. Berry was prepared with eight different waiver request, though Charlie King suggested he just request a waiver from Article 2.18 of the Zoning Ordinance, section A-2, since the acreage in question is under 10,000 square feet and will not make either lot non-conforming or unable to sub-divide. Jim Horgan motioned to grant a waiver from Article 2.18 of the Zoning Ordinance, section A-2 contingent upon receipt of a written waiver request, seconded by Paul Parker. Discussion followed in which David Kestner reminded Mr. Berry that he would need to be careful with how close the right-of-way is to the wetlands. Motion carried.
Application for an Excavation Permit; By Eben Dorr (Tax Map R38, Lot #2); Located off of Ten Rod Road; in the (AR) Agricultural Residential Zoning District; Parcel is 65.6 acres.
Don MacVane was reseated.
Mr. Dorr explained that he is requesting the permit so he can excavate materials from one of his lots and bring those materials to the adjoining lot in order to fix his road. He explained that he already started the project and was unaware that he needed a permit. He is currently seeking NH DES permits as well as this excavation permit. Mr. Dorr explained that he thought he would be exempt from this permit under Section V.C.2 of the Earth Removal Regulations because the excavation is incidental to silvaculture activities and is of a quantity of less than 500 yards. Plus, he addressed both the requirements of Section IX Operational Standards, Section X Site Reclamation Standards and Section XI.
Charlie King stated that he is not receptive to granting a waiver for the permit but would consider granting the excavation permit. Don MacVane was in agreement because he does have a reclamation plan and no materials are leaving the site or being sold. Charlie also stated that this Board cannot grant this excavation permit until Mr. Dorr receives his permit from NH DES.
Charlie King motioned to not grant the request to waive the excavation permit for Eben Dorr (Tax Map R38, Lot #2), seconded by Don MacVane. Motion carried.
Jim Horgan motioned to grant an excavation permit to Eben Dorr (Tax Map R38, Lot #2) contingent upon him; 1. receiving a DES permit, 2. that there is an inspection done by the Code Enforcement Officer 6 months after the issuance of the excavation permit to ensure compliance with the reclamation requirements under Section IX ,X, and XI, 3. no excavation materials are to be sold or leave the two parcels, and 4. he maintains the 500-yard restriction, Don MacVane seconded. Motion carried.
Application for Site Review; By Irving Oil Company (Tax Map R20, Lot 33 & 34); Located at 449 NH Route 11; in the (CC) Commercial Center Zoning District; for the proposed conversion and development of Irving Oil into a Blue Canoe Convenience Store with a deli (12 seats) and five fuel dispenser islands (10 vehicle fueling positions) Gas Station; Presented by MFG Design Consultants, Inc.
The Planning Office received a letter dated 05-22-2007 from Attorney's Chris Barrett, Hebert & Uchida requesting withdrawal of this application until further notice. Don MacVane motioned to grant the request to withdraw the application brought forth by Irving Oil Company (Tax Map R20, Lot 33 & 34), seconded by Jim Horgan. Charlie King offered a friendly amendment to include that all fees be reimbursed to the applicant that have not been expended thus far; amendment accepted by Don MacVane and Jim Horgan. Motion carried.
Application for Site Plan Review: By Mrs. Stamatia Miminas (Tax Map U05, Lot #182); Located at 498 Main Street; for the proposed renovation of top two floors over Farmington Town Pizza into 2-units; each unit comprised of 2-bedroom and full bath on 2nd floor and 1st floor comprised of 1/2 bath with kitchen, living room and dining room; Presented by Lake Village Builders; David E. Barnard.
Mr. Barnard informed the Board that the Code Enforcement Officer, Dennis Roseberry was concerned that there were some structural issues with the building and that there was a 1 inch deviation with the fire escape plan. Mr. Barnard explained that he had an engineer investigates these concerns and concluded that the building is structurally sound and that Dennis told him the fire escape should not be an issue.
Paul Parker asked if the applicant has spoken with the Fire Chief yet and Mr. Barnard replied no. Charlie King asked if there are any proposed changes to the outside of the building. He replied just the fire escape, vinyl siding and new windows, but the basic appearance would stay the same. Don MacVane questioned if the new siding would match what is already there. Mrs. Miminas replied yes, it would be the same color.
Paul Parker questioned if the applicant considered the Design Manual. Mr. Barnard explained that he did go through the site plan regulations but was unaware of the Design Manual. Paul informed him that this Manual is important and may offer some useful tools because the building has history. Mr. Barnard said he would certainly look into this Manual because they want to stick with the original character of the building.
Charlie King questioned the plans for parking and the dumpsters. Mr. Barnard stated there is plenty of room for everyone; it would just be a matter of getting the best usage of the area. The Board stated he would need to address this issue before beginning construction and to keep in mind he might be able to use municipal parking (he can check with Dennis Roseberry).
Charlie stated that the applicant will need to get on the TRC agenda for June 14, 2007 and then the Planning Board Workshop for June 19, 2007. If they cannot get on the June TRC agenda they will need to request a continuance from this Board.
Lou Scacinski, an abutter, stated he is favor of the project but has a concern that the fire escape might create some difficulties for his tenants with their parking. Both parties discussed the area and decided to work together to design the best possible solution for everyone involved in this parking area.
Charlie King questioned what the plan is for the uncompleted shed in the rear of the property. Mr. Barnard responded that according to Dennis Roseberry the structure will either be completed or removed.
Jim Horgan questioned if the entire first floor is about street level and if there is a basement. Mr. Barnard replied that yes there is a basement, the first floor is above street level and that an engineer has approved the load transfers.
David Kestner moved to continue the discussion by Mrs. Stamatia Miminas (Tax Map U05, Lot #182) to June 19, 2007 contingent upon the applicant getting on the June TRC agenda, if not it will be continued to the July 10, 2007 meeting, Paul Parker seconded. Motion carried.
Jim Horgan motioned for a five-minute recess, David Kestner seconded. Motion carried.
Meeting recessed at 8:13pm.
Chairman King reconvened the meeting at 8:21pm.
Application for Site Review; By Phil and Kim Hunter (Tax MapR22, Lot #3) Located at 310 Ten Rod Road; in the (AR) Agricultural Residential Zoning District; to operate storage of landscaping vehicles and wood in the additional driveway (additional driveway previously approved to park construction vehicles only).
Phil Hunter informed the Board that he proposing to process and store wood in his additional driveway that was previously approved to park his construction vehicles in. Don MacVane asked what his hours of operation would be, he replied 9am to 5pm. A neighbor, Richard Howard, told the Board that Mr. Hunter is a good neighbor and he has no concerns with this application.
Julie LaBranche suggested Mr. Hunter provide this Board with a site plan and a narrative citing the details of his proposal. Charlie suggested that Mr. Hunter provide some screening to this driveway and that he push the storage and processing to the furthest point of the driveway. David agreed that by pushing back further into the driveway it would give the loggers more room to pull in also.
Don MacVane motioned to continue the application brought forth by Phil and Kim Hunter (Tax Map R22, Lot #3) to July 10, 2007, seconded by Jim Horgan. Motion carried.
Other:
Don MacVane questioned how the Board would feel about holding a public hearing to see what the voters feel about sidewalks; how they are lighted, built and where they are developed. He pointed out that there are many different views on sidewalks in the town and by holding a hearing the Board could then come up with a clear policy for sidewalks that could go before the voters and allow this Board to have a policy in which to create consistency with developments. Charlie added that it could be an amendment to the Road and Driveway Regulations.
Don MacVane also suggested that this Board be mindful of applications that exceed requirements. He gave the example that if an 18-foot wide road is called for and the applicant creates a 20-foot wide road then the impervious surface is then increased, which is not good.
David Kestner suggested that the Board consider changing their drainage requirements to coincide with 100-year storms instead of 25-year storms since we have been having them so often.
Jim Horgan motioned to adjourn, Don MacVane seconded. Motion carried.
Meeting adjourned at 8:53pm .
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 07-10-2007
_____________________________________ _____________________________
Charlie King, Chairman Date
Farmington Planning Board
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